Free Answer to Complaint - District Court of Delaware - Delaware

Case 1:06-cv-00791-SLR

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE RAYMOND L. BRUTON, Plaintiff, v. MRS. PAMELA A. MINOR, MRS. CHERYL REGAN, MR. STANLEY W. TAYLOR, and WARDEN RAPHAEL WILLIAMS, Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) )

Civil Action No. 06-791-SLR Jury Trial Requested

STATE DEFENDANTS PAMELA A. MINOR, CHERYL REGAN AND WARDEN RAPHAEL WILLIAMS'S ANSWER TO PLAINTIFF'S COMPLAINT [RE: D.I. 2] COMES NOW, State Defendants Pamela A. Minor, Cheryl Regan and Warden Raphael Williams (the "State Defendants")1, by and through their undersigned counsel, and hereby respond to the unnumbered paragraphs of Plaintiff Raymond L. Bruton's Complaint, dated December 20, 2006 and filed December 27, 2006 (D.I. 2), as follows: Previous Lawsuits State Defendants are without knowledge or information sufficient to form a belief as to the truth of the allegations asserted in the "Previous Lawsuits" section of the Complaint and, therefore, deny same.

There is no indication that Defendant Stanley Taylor has been served, waived service or waived his right to respond. Therefore, Stanley Taylor is not a party to this Response.

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Exhaustion of Administrative Remedies State Defendants admit that Plaintiff wrote to the Warden. State

Defendants are without knowledge or information sufficient to form a belief as to the truth of the allegations asserted in the "Exhaustion of Administrative Remedies" section of the Complaint that Plaintiff wrote to Stanley Taylor and, therefore, deny same. State Defendants admit that Plaintiff wrote grievances. State Defendants admit that Plaintiff wrote to Defendant Minor. State Defendants are without knowledge or information sufficient to form a belief as to the truth of the allegations asserted in the "Exhaustion of Administrative Remedies" section that "Everyone has advise Plaintiff to be patient" and, therefore, deny same. State Defendants deny each and every other allegation of the "Exhaustion of Administrative Remedies" section not specifically admitted herein. Defendants 1. State Defendants admit that Defendant Minor is employed at

Howard Young. State Defendants deny each and every other allegation of Paragraph 1 of the "Defendants" section of the Complaint not specifically admitted herein. 2. State Defendants admit that Cheryl Regan is employed at Howard

Young. State Defendants deny each and every other allegation of Paragraph 2 of the "Defendants" section of the Complaint not specifically admitted herein. 3. This paragraph appears directed to another party. As such, State

Defendants are without knowledge or information sufficient to form a belief as to the truth of the allegations asserted in Paragraph 3 of the "Defendants" section of the Complaint and, therefore, deny same.

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Statement of Facts Paragraph No. 1: State Defendants admit that Plaintiff requested to

defer his MDT and Board of Parole Hearings. State Defendants deny each and every other allegation of Paragraph No. 1 of the "Statement of Facts" section of the Complaint not specifically admitted herein. Paragraph No. 2: State Defendants admit that Claudette Pettyjohn is

employed at the Delaware Correctional Center. State Defendants deny each and every other allegation of Paragraph No. 2 of the "Statement of Facts" section of the Complaint not specifically admitted herein. Paragraph No. 3: The allegations of Paragraph No. 3 of the

"Statement of Facts" section of the Complaint are denied. Paragraph No. 4: The allegations of Paragraph No. 4 of the

"Statement of Facts" section of the Complaint are denied. Paragraph No. 5: The allegations of Paragraph No. 5 of the

"Statement of Facts" section of the Complaint are denied. Paragraph No. 6: The allegations of Paragraph No. 6 of the

"Statement of Facts" section of the Complaint are denied. Paragraph No. 7: This paragraph appears directed to another party.

As such, State Defendants are without knowledge or information sufficient to form a belief as to the truth of the allegations asserted in Paragraph 7 of the "Statement of Facts" section of the Complaint and, therefore, deny same.

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RELIEF State Defendants specifically deny that Plaintiff is entitled to any relief or damages, including injunctive relief, compensatory damages, punitive damages, costs and/or attorneys' fees. DEFENSES AND AFFIRMATIVE DEFENSES 1. granted. 2. moot. 3. immunity. 4. As to any claims against the State or against State Defendants in The action and all claims are barred by Eleventh Amendment The allegations of the Complaint and the claims made therein are The Complaint fails to state claims upon which relief may be

their official capacities, State Defendants and the State are protected from liability by the doctrine of sovereign immunity. 5. Officials and employees of the State of Delaware acting in good

faith within the scope of their employment and without knowingly violating well established federal rights, are entitled to qualified immunity and cannot be held liable in this action. 6. State Defendants, in their official capacities, are not liable for

alleged violations of Plaintiff's constitutional rights as they are not "persons" within the meaning of 42 U.S.C. § 1983. 7. As to any claims sounding in state law, the State Defendants are

immune from liability under the State Tort Claims Act, 10 Del. C. §4001 et seq.

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8.

To the extent Plaintiff seeks to hold State Defendants liable based

on supervisory responsibilities, the Doctrine of Respondeat Superior or vicarious liability is not a basis for liability in an action under 42 U.S.C. § 1983. 9. This action and all claims are barred, in whole or in part, by the

applicable statute of limitations or any other statutorily required administrative time requirement. 10. Plaintiff has failed to exhaust his administrative remedies,

including but not limited to, remedies pursuant to 42 U.S.C. § 1997a(e). 11. State Defendants cannot be held liable in the absence of personal

involvement for alleged constitutional deprivations. 12. To the extent Plaintiff's claims sound in negligence, Plaintiff

cannot state a cause of action under 42 U.S.C. § 1983. 13. 14. The Plaintiff's claims are barred by his contributory negligence. Plaintiff fails to state a claim against State Defendants for failure to

train and maintenance of wrongful customs, practices and policies. 15. Plaintiff fails to state a claim against State Defendants for violation

of the Fourteenth Amendment. 16. Plaintiff's injuries and damages, if any, resulted from an

intervening and superseding cause. 17. injuries, if any. 18. 19. Insufficiency of service of process. Insufficiency of process. Plaintiff's own conduct proximately caused and/or exacerbated his

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20.

Lack of jurisdiction over the person and subject matter. STATE OF DELAWARE DEPARTMENT OF JUSTICE /s/ Erika Y. Tross Erika Y. Tross (#4506) Deputy Attorney General 820 North French Street, 6th Floor Wilmington, Delaware 19801 (302)577-8400 Attorney for Defendants Pamela Minor, Cheryl Regan and Raphael Williams

Dated: July 5, 2007

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CERTIFICATE OF SERVICE
I, Erika Y. Tross, Esq., hereby certify that on July 5, 2007, I caused a true and correct copy of the attached State Defendants Pamela A. Minor, Cheryl Regan and Warden Raphael Williams's Answer to Plaintiff's Complaint [Re: D.I. 2] to be served on the following individual in the form and manner indicated:

NAME AND ADDRESS OF RECIPIENT(S): Inmate Raymond L. Bruton, Sr. SBI #00069025 Howard R. Young Correctional Institution P.O. Box 9561 Wilmington, DE 19809 MANNER OF DELIVERY: One true copy by facsimile transmission to each recipient Two true copies by first class mail, postage prepaid, to each recipient Two true copies by Federal Express Two true copies by hand delivery to each recipient

/s/ Erika Y. Tross Erika Y. Tross (#4506) Deputy Attorney General Delaware Department of Justice Carvel State Office Building 820 N. French Street, 6th Floor Wilmington, DE 19801 302-577-8400